1. Interpretation
2. Municipal
Business
3. (REPEALED) Council
4.
(REPEALED) Payment of Councillors
5. Part 1 -
Committees
5. Part 2 -
Functions
6. Municipal
Officers
7. Municipal
Property
8. Collection,
Storage & Disposal
of Refuge
9. Peace,
Order, Mischief & Nuisance
10. Explosives
11. Animals
12. Dogs
13. Trade and Licensing
14. Dangerous and Unsightly Premises
( Now Covered under Municipal Government Act)
15. The Destruction of
Certain Documents
16. Penalties
17. Civil Emergency
Planning
18. Repeal
19. Mobile Home Park
By-law
20. Building
21. Municipal Sewers
22. By-law Respecting
Deposits by Candidates at
an Election
23. A By-law to Provide
for Identification, Preservation
and
Protection and Registration of Heritage Property
24. Brass Hill
Subdivision Street Improvement By-law
25. By-law Respecting
Partial Tax Exemption
26. (REPEALED) Exemption of Certain Fire Company
Property
27. Wastewater
Management District
28. Limit of Liability
29. (REPEALED) By-law Respecting Tax
Exemption
of Historical Societies
30. Cat Rock Drive
Street Improvement By-law
31. Barrington
Waterfront Development By-law
32. Taxi By-law
33. Local Improvement
By-Law
34. Commercial Activity on Municipal
Property
INTERPRETATION
1. In this By-Law and other By-Laws of the Council of the Municipality of the District of Barrington, unless the context otherwise indicates:
1. (a) “Bill” means an itemized account in favour of or against, the Municipality or any individual or corporation;
1. (b) “Chairman” means the Warden, Deputy Warden or any persons
appointed
by the Council to preside over it, or a person appointed by the Council
or a Committee or Board to preside over such Committee or Board;
1. (c) “Clerk” means the Clerk of the Municipality;
1. (d) “Council” means the Council of the Municipality;
1. (e) “Councillor” means a member of the Council;
1. (f) “Deputy Warden” means a Deputy Warden of the Municipality;
1. (g) “In writing” or “written” includes printing, lithography, or any other modes of representing or reproducing words in visible form;
1. (h) “Meeting” has the meaning which it has in Section 87 and Section 88 of the Municipal Act. Revised Statutes of Nova Scotia, 1967 Chapter 192;
1. (i) “Month” means the calendar month;
1. (j) “Municipality” means the Municipality of the District of Barrington;
1. (k) “Quorum”, as applied to the Council, means a majority of the
Councillors constituting the Council; as applied to a Committee or
Board
means
a majority of the members constituting the Committee or Board;
1. (l) “Session” means the proceedings of the Council held on any one day of the meeting;
1. (m) “Year” means the Financial Year, which is the Calendar Year;
2. Unless the context otherwise requires, the provisions of the
Interpretation
Act, Revised Statutes of Nova Scotia, 1967, Chapter 151, shall
apply to
these By-Laws and other By-Laws of the Council and the terms therein
shall
mean the same in such By-Laws.
3. Nothing in this By-Law excludes a judicial rule of construction that is applicable to a By-Law and not inconsistent with these By-Laws.
MUNICIPAL BUSINESS
1. (1) The Seal of the Corporation shall be made of suitable
material
and have engraved
on it the name of the Municipality.
1. (2) The Clerk shall keep the Seal.
1. (3) The Warden or Clerk may affix the seal to any document for
the
purpose of
authentication and a fee of One Dollar and Fifty Cents ($1.50) shall be
charged for such authentication.
1. (4) Notwithstanding Subsection (3), no fee shall be charged for
authentications
or
certificates or appointment of Municipal or District Officers
required by a Court
of law.
1. (5) The Warden and Clerk shall affix the seal to any authorized
deed
or contract
which is required by law to be under Seal and shall countersign
such documents.
2. The Clerk shall keep in his office a copy of the By-laws of the
Municipality
amended to
date, which shall be open to public inspection without charge
at all reasonable hours.
PART 1 - COMMITTEES
1. (1) The Council may appoint standing committees and may appoint Special Committees.
(2) Unless otherwise provided, a Committee may act whether or not the Council is in session.
(3) The Warden is a member, ex-officio, of every Committee, over the above number prescribed therefor.
2. (1) When the Council refers a matter to a Committee, the
Committee
shall submit a
written report upon it to the Council.
(2) The minority of the members of a Committee to which a
matter
has been referred
by the Council may submit a separate written report to the
Council
signed by the
minority members.
(3) The Clerk shall file and preserve all such reports as part of the proceedings of the Council.
3. (1) The Council may appoint the following standing Committees:
a. Finance and Administration
b. Recreation and Facilities Management
c. Nominating
d. Public Works and Property
e. Planning Advisory
(2) All standing committees shall consist of not less than Three (3) members.
4. The ordinary hours of committee meetings shall be 7:00 p.m. to 10:00 p.m. with the adjournment being at the discretion of the Chair.
5. Unless otherwise provided in this By-law, the members of each
Committee
appointed under the provisions of this By-law shall elect a
Chairman from among their members.
6. Minutes shall be kept of all Committee Meetings and shall be
filed
with the Municipal
Clerk and copies provided to all Council and Committee Members
not later than ten (10)
days after each meeting.
FINANCE AND ADMINISTRATION COMMITTEE
7. Every standing Committee may execute contracts for expenditures
of
monies
up to the
amount which the Council has appropriated for the purpose of
the Committee and which
has been included in the estimates.
8. The Finance and Administration Committee shall:
a. Review estimates and recommend tax rates;
b. Monitor the estimates and matters of a financial nature through
the year;
c. Prepare and recommend By-law amendments;
d. Report on industrial and commercial promotion and development
potentials;
e. Report on the operation of the Visitor Information Centre;
f. Inquire into and advise Council on matters of police and fire
protection;
g. Deal with all matters affecting the Municipality which are not the
direct
responsibility of any other Committee and report
to Council.
RECREATION AND FACILITIES MANAGEMENT COMMITTEE
9. The Recreation and Facilities Management Committee shall:
a. Provide general direction and work in cooperation with the
Recreation
and Facilities Manager to coordinate
and promote the Barrington Municipal Recreation
Complex and recreational activities;
b. Be responsible for the administration of all funds approved by
Council
for
the Barrington Municipal Recreation Complex and
recreation purposes;
c. Develop policy for the administration of recreational facilities
under the
jurisdiction of the Committee;
d. Perform such other duties that would normally come under the
definition
of
recreation and be normally the responsibility of
the Recreation and Facilities Management Committee.
NOMINATING COMMITTEE
10. The Nominating Committee shall:
a. Yearly review the list of members on the various Committees,
Boards, Commissions, etc.
b. At the Annual Meeting of the Council make recommendations as
to
membership on the various Committees, Boards, Commissions, etc.
c. Make recommendations to Council regarding yearly appointed officers.
11. The Public Works and Property Committee shall:
a. Develop policy for the maintenance, upkeep and repair of all
municipal buildings;
b. Investigate lands believed to be proprietors or township land;
c. Develop policy for the Street Lighting Program and carry out a
periodic review of the service;
d. Develop policy for the operation of the municipal dump;
e. Develop policy for the operation, construction and installation
of all public sewers;
f. Develop a policy governing the use of all municipal vehicles and
equipment of a public works nature.
PLANNING ADVISORY COMMITTEE
12. The Planning Advisory Committee shall:
a. Advise and assist the Council in the preparation, amendment or
revision
of a Municipal Development Plan, a
Zoning By-law or a Subdivision By-law
or Regulations;
b. Advise and assist the Council in matters affecting planning
generally.
MUNICIPAL OFFICERS
1. (1) Every nomination for Warden, Deputy Warden, or for any office
or position shall
be made by motion duly made and seconded.
1. (2) The election of the Warden, Deputy Warden, or other nominee
for
office and of
all Municipal Officers shall be by ballot, PROVIDED THAT, except
in the cases
of the election of the Clerk-Treasurer, the Council may, by
unanimous consent,
dispense with the ballot and elect by roll call vote.
2. All salaries, the charges for which are definitely fixed by law,
By-law or Resolution of
the Council and which
are payable by the Municipality, shall be paid by
the Treasurer out
of the funds provided for the purpose, on the
certificate of the Warden.
3. The Oath of Office made by any Officer of the Municipality shall
be transmitted to the
Clerk who shall file the same in his office.
4. The Clerk shall mail a notice to each person appointed by the
Council
to any office or
position, or furnish each Councillor with blank notice forms
for all persons appointed in
the district of such Councillor, and shall furnish copies of
all orders or Resolutions made
by the Council, to the persons who may be affected thereby, or
whose duty it may be to
exercise such order.
5. At the first meeting after the election of a Council and whenever
the office becomes
vacant, the Council shall elect a Warden.
6. In the absence or inability to act of the Warden or in the case
of
the death of the Warden,
the Deputy Warden shall perform all the duties and functions
of the Warden as
established by law or resolution of the Council, until a Warden
is elected.
7. (1) The Clerk-Treasurer shall perform all the duties prescribed
by
Section 105 and
Section 109 of the Municipal Act, Revised Statutes of Nova
Scotia,
1967, Chapter
192, as amended and by any other law, By-law or Resolution of
the Council.
7. (2) Before entering upon or continuing in office, the
Clerk-Treasurer,
shall give
security in form required by law in the amount of Ten Thousand
Dollars
($10,000.00). The premium for such Bond shall be paid
by the Municipality.
7. (3) The salary of the Clerk-Treasurer shall be fixed by the
Council
by Resolution and
according to law.
8. (1) The Clerk-Treasurer shall lay before the Council at its
Annual
Meeting in each
year a report of the receipts and expenditures of the
Municipality
of the preceding
year, and of all liabilities and assets of the Municipality
as of the 31st day of
December of the said preceding year.
8. (2) The books and accounts kept by him as such Clerk-Treasurer
shall
be kept in a
clear and intelligible manner and according to the methods of
bookkeeping best
adapted to show the financial state of the Municipality and
the various bodies for
which it acts; the books shall be the property of the
Municipality
and shall
be
open to inspection to accordance with Section 108 of the Municipal Act,
Revised
Statutes of Nova Scotia, 1967, Chapter 192.
9. (1) At every Annual Meeting the Council shall appoint a firm of
Chartered
Accountants, to be the auditors of the Municipality;
9. (2) The Auditors so appointed shall report in the manner required
by law to the next
Annual Meeting of the Council.
9. (3) The compensation of the Auditors shall be determined by
Resolution
of the
Council from time to time.
10. The Council may appoint at the Annual Meeting a Sanitary
Inspector
for the
Municipality.
11. (1) Where any person is appointed herein or under the provisions
of the Municipal
Act or any other law, the said person shall hold office until
he is removed or his
successor is appointed and shall exercise his functions through
the Municipality
unless it is otherwise specified in his appointment.
11. (2) The Council may, by Resolution, require an annual report
from
any fence viewer,
pound keeper, or any other person appointed herein.
1. Unless it is otherwise provided and subject to the direction and
control of the Council and Warden, the Clerk shall have the general
custody
and control of the municipal property and of property subject to the
management
of the Municipal Council.
2. This By-law shall apply to any land or building owned by the
Municipality
or to any airport, landing field or landing strip entirely
within the Municipality;
but shall apply to any airport operated by Her Majesty in Right of
Canada.
3. No person shall trespass in or upon land or buildings owned by the Municipality, except as hereinafter provided.
4. No person shall leave a vehicle, whether attended or unattended, in or upon property owned by the Municipality, except as hereinafter provided.
5. No person shall leave any animal or animals, whether attended or unattended, in or upon lands or buildings owned by the Municipality.
6. The Municipal Council shall make Regulations from time to time
for
the hours of use of lands or buildings owned by the Municipality
and shall
display the said Regulations along with all other Regulations as may
from
time to time be made in relation to the use of said
lands or buildings
in prominent places in the areas to which the said Regulations shall
apply.
7. Any Police Officer, on discovering a motor vehicle, either
attended
or unattended, in or upon lands or buildings owned by the
Municipality,
not being there in accordance with the provisions of this By-law or
Regulations
made under this By-law, shall cause
the motor vehicle to be removed and
retained in a suitable place and the cost of such removal and retention
shall be at the expense of the owner thereof.
a. Destroys or damages or causes to be destroyed or damaged any property owned by or under the care of the Municipality;
b. Removes or causes to be removed any soil, gravel, trees, sand or
stones from land of or
under the care of the Municipality or;
c. Deposits or causes to be deposited any soil, stones, sand,
gravel, garbage, filth, refuse, or other material on
lands owned by or
under the care of the Municipality; shall be liable for a penalty under
this By-law.
10. (1) Any person who:
10. (1)(a) Causes an obstruction in any public place, way or street; or
10. (1)(b) Places or causes to be placed on buildings or fence in
such
manner that it projects
into or over any public place, way or street; shall, upon notice
being served upon
him, or posted on the property, remove the encroaching building
or fence.
10. (2) Where a person fails to remove an encroaching building or
fence
under the
provisions of Subsection (1) the Clerk may order it removed
at the expense of the
owner in default, and where the person in default does not pay
the expenses on
demand, the Municipality may recover such expenses by an action
in its name for
debt in any Court of competent jurisdiction.
11. (1) Any person who uses a field abutting on a public place, way
or street for the
purpose of grazing or pasturing horses, cattle, sheep, swine
or other animals likely
to stray from the field shall erect or maintain a fence along
the boundary line
between the field and the public place, way or street sufficient
to prevent the
animals from straying from or breaking out of the field.
11. (2) A frontage fence required by this Section which has been
approved
by a duly
appointed fence viewer shall be sufficient for the purposes
of this Section.
11. (3) The provisions of this Section shall not affect the duty to maintain such fence.
12. No person shall drive or ride any horse, cow, sheep, swine of other animal:
<>a. On any sidewalk; or13. (1) Any person who violates any provision of this By-law or any
Regulation pursuant to Section 6 shall be guilty of an offence
and liable to a penalty
not exceeding One Hundred Dollars ($100.00) and in default
of payment to imprisonment
for a
period not exceeding two (2) months, and in addition, at the
Court’s discretion, be
ordered to make restitution of any damage done.
COLLECTION, STORAGE AND DISPOSAL OF WASTE
1. Definitions:
a. “Blue bag recyclables” means aluminum cans, tin cans, plastic
bottles,
plastic bags, glass bottles, paper and cardboard and such additional
items
as may be defined and approved from time to time by resolution of
Council.
For calculation purposes one bundle of cardboard is treated as the
equivalent
of 1 blue bag.
b. “Collection” means the action by Council or designated Contractor to collect and dispose of, by lawful means, all solid waste and recyclable materials.
c. “Compostable material” means organic materials, including but not
necessarily limited to, grass, leaves, vegetable matter, table scraps,
garden waste,
wet paper products, shredded cardboard and chipped branches.
d. “Contractor” means the person or company, who by contract with
the
Municipality, is responsible for the collection and disposal of solid
waste
and
recyclable materials in the Municipality.
e. “Council” means the Council of the Municipality of the District of Barrington.
a. “Household Hazardous Waste” means such items as paint, oil, anti-freeze, etc.
g. “Householder” means the owner, occupant, leasee or person assessed for real property and the building thereon.
h. “Kitchen Bin” means a small plastic bucket or green bin used to collect organic waste.
i. “Municipality” means the Municipality of the District of Barrington.
j. “Public highway” means any road owned and maintained by the Province of Nova Scotia or the Municipality of the District of Barrington.
k. “Residual waste” means waste not included in blue bag recyclables, compostable materials, special waste or household hazardous waste.
l. “Roadside” means that portion of the public or private road
right-of-way
between the travel portion or parking area and the property line which
parallels the center line of the road.
m. Private road means all private roads identified by the
Municipality
on which it is possible for the collection vehicle to turn around and
which
are adequately maintained and on which snow removal is provided
during
winter months.
n. “Solid waste” means blue bag recyclables, residual waste, compostable materials, special waste and household hazardous waste.
o. “Special waste” means any solid waste including discarded
appliance,
furniture, miscellaneous household junk, etc., but does not include
compostable
materials, residual waste and blue bag recyclables.
2. No householder or commercial, industrial or institutional
occupant
or property owner shall permit the accumulation of solid waste in
or around
a property to the extent that it is likely to become a nuisance,
unsightly
or a danger to public health.
3. No person shall deposit solid waste in any place within the Municipality, not approved by the Municipal Council, as a solid waste disposal area.
4. No person shall throw any dirt, filth or solid waste on any street, road, lane or highway within the Municipality.
5. No person shall engage in the business of removing or collecting
solid waste within the Municipality, unless he holds from the
Municipality,
a license for that purpose which is in force, unless he is by contract
or agreement with the Municipality, authorized by the Municipality to
provide
a
garbage collection service.
6. Every application for a license under this By-law shall be made
in
writing on a form provided therefore by the Clerk, and signed by the
person
applying therefore.
7. A license issued under this By-law shall be valid until the first
day of May following the date of its issue, unless sooner revoked or
suspended,
and
upon application it shall be renewed by the Council on payment of
the
required license fee, except when the provisions of this By-law have
been
violated by the applicant. The fee shall be determined by the
Municipal
Council by resolution from time to time.
8. The following regulation shall govern the garbage collection service and shall be strictly adhered to by all persons making use of such service:
a) Garbage collection service shall be limited to five (5) plastic
bags
per household and twelve (12) plastic garbage bags per commercial,
industrial
and institutional establishment. One (1) green cart per household
and two (2) green carts per commercial, industrial and institutional
establishment.
b) All residual waste deposited at roadside for collection shall be
separated with waste being deposited in a securely tied, plastic,
waterproof
bag
and shall not exceed a weight of 35 lbs.
c) All recyclable materials as defined by Council from time to time,
shall be placed in a securely tied blue tinted or clear plastic,
waterproof
bag and
shall not exceed a weight of 35 lbs.
cc) All compostable materials as defined by Council from time to
time,
shall be placed in a green cart, kitchen bin or compostable brown bag
and
placed at road side for collection on the designated collection day
d) Paper and cardboard products shall be placed in plastic, waterproof bags or bundles securely tied and having a weight of no more than 35 lbs.
e) The owner or occupier of a property or premise shall place the
plastic
garbage bags and green carts, kitchen bins or compostable brown bags
at
the roadside edge of their property not later than 8:00 a.m. on the day
of collection, but not in such a position as to interfere with
pedestrian
or vehicular traffic.
f) The garbage collection service shall be provided to all
residential
homes, mobile home, seasonally occupied homes and commercial,
industrial
and
institutional premises, but shall not include production waste
products.
g) The garbage collection service shall not include
refrigerators,
stoves, washers, dryers, car parts, furniture or waste material or
rubbish
left by any
builder or the owner of any property or premises from construction
alteration, repair, or demolition.
h) Property owners using roadside garbage containers are
required
to locate the containers at a distance not greater than ten feet (10’)
from the edge
of the pavement or for graveled road, not greater than ten
feet (10’) from the edge of the gravel portion of the roadway.
i) Solid waste shall only be collected on government plowed highways and private roads identified by the Municipality.
9. a) No householder shall permit solid waste to remain in
front
of the property or at roadside, except between the hours of 7:00 p.m.
on
the day
previous to collection and 12:00 noon on the day after
collection.
b) Solid waste placed for
collection
in a manner contrary to the provisions of this By-law may not be
collected,
at the discretion of the
Contractor or the Municipality, and such solid
waste shall be removed no later than 12:00 noon on the day following
regular
collection day.
b) The public shall be prohibited from depositing at the Municipal Construction and Demolition Debris Landfill Site, the following items:
a) corrugated cardboard
b) newsprint
c) batteries
d) fish renderings
e) animal carcasses
f) septic waste
g) hazardous waste
h) automobile chassis
i) hazardous waste such as insecticides, herbicides and pesticides
j) petroleum products
k) asbestos
l) all items identified for the
Blue Bag Program which are generally:
- paper products
- glass
- milk and juice cartons
- aluminum
- steel and tin cans
- variety of plastics
m) compostable organic material (industrial, commercial,
institutional
and
residential). These items
are identified on a list of items for backyard
composting.
n) used tires (effective November 1, 1996)
12. Every person who violates or fails to comply with any of the provisions of this By-law shall be liable, upon conviction, to the following:
<>a. For the first offence, a minimum fine of One Hundred Dollars ($100.00).13. REPEAL
All former By-laws of the Municipality heretofore enacted relating
to
collection, storage and
disposal of refuse are hereby repealed.
1. No person shall without reasonable cause, shout, sing, ring a
bell,
blow a horn, or make
any disturbing noise, in any public way or place or in the
vicinity
thereof in the
Municipality between the hours of nine o’clock in the afternoon
and nine o’clock on the
next forenoon.
2. (1) Except between the hours of seven o’clock in the forenoon and
twelve o’clock in
the afternoon on any weekday, no loudspeakers, microphones,
amplifiers or other
transmitting apparatus connected with a radio, phonograph, or
other sound
transmitting apparatus shall be operated in the Municipality
so that the sound
transmitted is projected beyond the distance of one thousand
(1,000) feet.
2. (2) Any person who:
2. (2)(a) Owns, operates, or has in his possession or control a
transmitting
apparatus
contrary to the provisions of Subsection (1) of this section;
or
2. (2)(b) Permits a transmitting apparatus to be operated on his
premises
or in or on his
motor vehicle contrary to the provisions of Subsection (1) of
this Section, shall
be guilty of an offence.
2. (3) This section shall not apply to any horn, whistle, bell, or
broadcasting
device
used:
2. (3)(a) By any church;
2. (3)(b) For summoning or directing employees, or
2. (3)(c) For the public interest or safety;
3. No person shall without reasonable cause ring any door bell or
knock
at any door or
window, or otherwise disturb the occupants of any room or
premises
by signals.
4. No person shall remove, damage of hide any gate, fence or door
unless
authorized thereto
by the occupant or owner of the premises to which such gate,
door or fence
is
appurtenant.
5. No person shall maintain any kennel, fox farm, or other like
establishment
which by
reason of smell, noise, pests, or escaping animals causes
annoyance
to the public or to the
occupants of neighbouring premises.
6. No person shall cause or permit any pigsties to be within one
hundred
and fifty
(150’)
feet of any public way, place or building.
7. (1) Where any person cuts ice on any pond, lake, river, or stream
he shall, before
leaving the same, erect a fence of brush, poles, wire or other
materials, sufficient
to prevent any accident which is reasonably possible.
7. (2) No person shall remove a fence so erected, unless all
reasonable
possibility of
accident from the lack of such fence has ceased.
8. No person shall drive or operate a motor boat on any lake or
river
over which the
Legislature of the Province of Nova Scotia has authority at a
speed greater than is
reasonable in the circumstances or in manner so as to endanger
the safety of or to
incommode others.
9. No person shall establish, maintain, or operate or cause to be
established,
maintained, or
operated a garage or body repair shop so as to cause annoyance
to the public or to the
occupants of neighbouring properties.
10. No person shall walk, stand or be in any position where he
obstructs
passage in any
public way or place, or obstructs the steps or entrance of any
premises, whether public or
private, nor shall any person conduct himself in such a way or
place or near such steps or
entrance so as to annoy any person lawfully using such places.
11. No person shall enter or remain within any private dwelling or
place
of business after he
has been requested to withdraw by any occupant in possession
of the premises.
12. No person shall disturb the public peace in the Municipality or:
12. (a) Incommode peaceful passers by or loiter on the highways or
in
doorways or
windows of shops or dwellings on the highways in the
Municipality,
or;
12. (b) Obstruct people by standing across the sidewalks or highways
in
the
Municipality.
No person shall use any explosives for blasting within One Thousand
(1,000) feet of any building, public way or place
except under the following
conditions:
(a) No blast shall be set off in the Municipality between nine
o’clock
in the afternoon and
seven o’clock in the forenoon following.
(b) All explosives, charges and sites shall be covered with heavy
rope,
brush, mats, or similar
apparatus so as to prevent effectually the escape of broken rock,
stones, turf, soil or other
dangerous fragments.
(c) No blast shall be set off while any person is within three
hundred
(300) feet of the charge,
unless he is within a prepared pit or baffle sufficient for
complete
safety.
(d) No blast shall be set off unless a warning be given at least one
(1) minute before each
blast.
1. (1) No provision of this By-law shall apply to dogs unless they
are
specifically
included in the provision.
1. (2) This By-law shall apply to all the Municipality.
2. (1) No person shall cause pain to any domestic bird or
animal
including any
domestic
dog.
2. (2) No person shall maim any wild or domestic bird or animal,
including
any dog, nor
blind it so as to cause suffering, nor treat it otherwise than
in a humane manner.
3. The owner or harbourer of any domestic animal who does not
prevent
the domestic
animal from going at large shall be liable to a penalty.
4. The owner or harbourer of any domestic animal which is suffering
from an infection or
contagious disease, who:
4. (a) does not prevent it from leaving his premises under effective control, or
4. (b) does not prevent it from herding with undiseased animals,
shall
be liable to a
penalty.
5. No domestic fowl shall be permitted to leave the premises of the
owner or run at large
within the Municipality of the District of Barrington.
5. (a) The owner of any domestic fowl which runs at large, contrary
to this By-law, is
guilty of an offence under this By-law, and is subject on
conviction
to the penalty
prescribed in By-law No. 16.
5. (b) Any Constable or Peace Officer, without notice to or
complaint
against the owner
of any such domestic fowl, may impound such domestic fowl, and
after giving
forty-eight (48) hours notice to the owner following the
impounding,
may dispose
of said domestic fowl either by selling same for the best price
obtainable, or if the
domestic fowl cannot be sold, it may be destroyed in a humane
manner.
5. (c) A person or owner claiming the impounded domestic fowl shall
be liable to pay
the sum of five dollars ($5.00) for each day that the domestic
fowl
are
impounded.
11-1 6. (2) Any Constable or Peace Officer may destroy or cause to
be
destroyed any animal
which has rabies, anthrax, or other deadly diseases.
6. (3) Any person may secure or confine any dog or other animal
which
appears to be
rabid.
7. (1) Where no pound is created, the Warden may authorize any
suitable
building or
enclosure to be used as a pound.
7. (2) The council shall annually appoint a poundkeeper.
7. (3) A Pound Keeper shall be entitled to $5.00 per day for
impounding
any animal.
1. This By-Law is entitled the “Dog By-Law”.
Definitions
2. In this By-Law:
<> (1) “destroy” means kill; (7) “Municipal Staff” means the Municipality’s By-Law
Enforcement
Officer
or a person appointed by the Chief Administrative Officer
or Council to
act on the Municipality’s behalf for the purposes of this
By-Law, and
includes the Pound Keeper;
(8) “owner” means the owner of a dog and any person who
possesses,
has the
care or control of, or harbours a dog and, where such
a person is a minor,
includes a parent, guardian or custodian of such a person;
3. Municipal Staff shall be responsible for the enforcement of this By-Law.
4. Council shall appoint a Pound Keeper who shall:
(1) collect on behalf of the Municipality any Impounding
Fees,
Daily Pound
Fees and any other additional charges or fees as are
authorized
in this By-
Law and as may be set by resolution of Council;
(2) be responsible for the operation of the pound;
(3) provide adequate food and water to impounded dogs;
(4) keep the pound in a reasonable state of cleanliness;
<> (5) keep the pound premises neat and tidy in appearance.Dogs Running at Large
5. Any dog which is off the premises occupied by the owner without
being
under the
continuous restraint and control of some person is deemed to
be running at large
for the purposes of this By-Law. A dog which is tethered
on a tether of sufficient
length to permit the dog to leave the property boundaries of
the premises occupied
by the owner is deemed to be running at large.
6. The owner of a dog shall, while the dog is off the premises
occupied
by the owner, keep the dog under control by means
of a harness or leash,
and the dog shall be
deemed to be running at large where the owner fails to use such
apparatus, except
that an unleashed and unharnessed dog that is under continuous
effective human
restraint and control shall not be deemed to be running at large.
Fierce or Dangerous Dogs
<>7. For purpose of this By-Law a dog that is fierce or dangerous means any dog:Responsibilities of Owners
8. Every owner of a dog
(1) whose dog runs at large;
(2) whose dog persistently disturbs the quiet of the
neighbourhood
by barking, howling or otherwise;
(3) who neglects or refuses to provide a written statement
required
by this By-law;
(4) who harbours, keeps, or has under care, control or direction
a dog that is fierce or dangerous;
(5) who fails to remove the feces of a dog, other than a dog
that is trained to assist and is assisting a person with a
disability,
from public property or private property other than the owners;
is in contravention of the By-Law.
Impounding
9. Municipal Staff may, without notice to or complaint against the
owner,
impound any dog that:
(1) runs at large contrary to this By-Law;
(2) is fierce or dangerous;
(3) is rabid or appears to be rabid or exhibits symptoms of
canine
madness; or
(4) persistently disturbs the quiet of the neighborhood by
barking,
howling or otherwise.
10. An Impounding Fee of $25.00 and a Daily Pound Fee of $10.00
shall
be payable by any person seeking to redeem
an impounded dog.
11. Except in the case where a dog is impounded for being fierce or
dangerous, or is rabid or exhibits symptoms of canine
madness, the owner
of a dog which has been impounded, upon proof of ownership of the dog,
may redeem the dog after
payment to the Pound Keeper, or making arrangement
for payment satisfactory to the Pound Keeper, of the Impounding Fee
and
the Daily Pound Fee(s), along with reimbursement for any Extraordinary
Expenses incurred by the Municipal Staff in relation
to the dog.
12. Any dog which has not been redeemed by its owner at the expiry
of
a period of 72 hours after being impounded may be given
away, sold or killed
by the Pound Keeper and, if sold, the proceeds shall belong to the
Municipality.
13. Whenever the 72 hours of impounding time expires on a weekend,
the
Pound Keeper shall hold such dog until the expiry
of the first business
day following the weekend to permit the owner to redeem the dog.
Notice
14. Upon any dog being impounded the Pound Keeper shall make at
least
one attempt to contact the owner of the dog if
ownership can be reasonably
determined. Provided however that if a dog is missing, the onus
is
on the owner of the dog to ascertain
within the time period provided for
impounding under this By-Law, whether the dog has been impounded, and
neither
the Pound Keeper
not the Municipality shall incur liability in the event
of failure to give Notice to the owner, if the owner has not made
inquiry
of the Pound Keeper
to determine whether the dog was impounded.
Destroying
15. Municipal Staff may, without notice to or complaint against the
owner, destroy on sight or after capture any dog that:
(1) is fierce or dangerous;
(2) is rabid or appears to be rabid or exhibits symptoms of
canine
madness;
(3) is sick or injured such that it requires a veterinarian or
would cause undue distress to the animal or costs to treat would be
excessive
to the Municipality.
16. Municipal Staff may, kill on sight any dog that is running at
large
and which he or she believes, on reasonable and probable grounds, to
pose
a
danger to a person or a domestic animal or to property of persons
other
than the owner.
Penalty
<>17. Any person who contravenes any provision of this By-Law is punishable on conviction by a fine of not less than $100.00 and not moreTRADE AND LICENSING
THE DESTRUCTION OF CERTAIN DOCUMENTS
1. The Council may, by Resolution which may be in the form as set
out
in Schedule “A” of this By-law or to the like effect, cause the
destruction
of any documents or records of the Municipality after they are no
longer
required, provided that the Clerk submits to the Council his affidavit
setting forth each of the documents or records to be destroyed and that
he has personally examined each of the documents or records proposed
to
be destroyed and that there is nothing of value therein.
2. The affidavit of the Clerk setting out that he has personally
examined
each document or record and that there is nothing of value therein
may
be in the form as set out in Schedule “B” of this By-law, or to the
like
effect.
3. Nothing in this By-law shall authorize the destruction of the following documents:
3. (a) Deeds, Mortgages or other documents or records relating to the title of real property;
3. (b) Court Records
3. (c) Records required to be kept by any Statute;
3. (d) Records less than five (5) years old;
3. (e) Minutes, By-laws, or Resolutions of the Council;
3. (f) Plans and surveying Records, and
<>3. (g) Affidavit of the Clerk made pursuant to this by-law.MUNICIPALITY OF THE DISTRICT OF BARRINGTON
WHEREAS the documents and records of the Municipality of the District of Barrington as set out in the Affidavit of , the Municipal Clerk, sworn to the day of , A.D., 1972 , are no longer required;
AND WHEREAS according to the said Affidavit the said documents and records have been personally examined by the said Clerk and he has determined that there is nothing of value therein and that the said documents and records do not include any documents or records which are exempt from destruction pursuant to Section 3 of the Destruction of Documents By-law;
BE IT THEREFORE RESOLVED that the said documents and records as set
out in the said Affidavit of the said Clerk be forthwith removed and
destroyed.
This is to certify that the foregoing is a
true copy of
a
Resolution duly passed at a duly called meeting of
the
Municipal Council of the Municipality of the District
of
Barrington duly held on
the,
day of
, A.D., 197
A.D., 1973
Clerk
SCHEDULE “B”
MUNICIPALITY OF THE DISTRICT OF
BARRINGTON
AFFIDAVIT
IN THE MATTER OF: THE MUNICIPAL
ACT, REVISED STATUTES
OF NOVA SCOTIA, 1967, CHAPTER 192
- and -
IN THE MATTER OF: The destruction of
Documents
By-law of the
Municipality of the District of Barrington
I, of in the County of Shelburne and the Province of Nova Scotia, Clerk of the Municipality of the District of Barrington, do make the oath and say:
1. THAT I am the Municipal Clerk of the Municipality of the District of Barrington.
2. THAT I have personally examined each of the documents and records listed immediately below, pursuant to the Destruction of Documents By-law of the Municipality of the District of Barrington which permits the destruction of documents and records which are no longer required.
2. a)
2. b)
2. c)
2. d)
2. e)
3. THAT the aforesaid list does not contain any document or record
exempt
from
destruction pursuant to Section 3 of the said By-law.
4. THAT to the best of my knowledge and belief there is nothing of value contained therein.
5. THAT the said documents and records are no longer required by the
said Municipal
Council.
SWORN to at
in the County of
and the Province of Nova Scotia,
this
day of
, A.D., 19
A Commissioner of the
Supreme Court of Nova Scotia
PENALTIES
1. Where any person violates a By-law for which no penalty is
elsewhere
expressly provided, he shall be liable upon summary conviction
to a penalty
not exceeding Two Hundred and Fifty Dollars ($250.00) and in default of
payment to imprisonment for a period not exceeding
thirty (30) days.
2. Where a person is in prison for failure to pay a fine or cost he
shall be discharged from his imprisonment upon payment of the fine,
cost
or
charges for conveying him to the place of his imprisonment.
3. Every sentence of imprisonment for a violation of a By-law shall be served in a jail in the County of Shelburne or otherwise designated by the Court.
4. Every fine or penalty imposed under a By-law shall be exclusive of costs, and costs when incurred shall be imposed in addition to a fine or penalty.
5. No fine or penalty imposed under a By-law shall be construed so as to affect any liability for damages.
6. Except where otherwise expressly provided, any person may initiate a prosecution for a violation of a By-law.
7. Unless otherwise provided every fine or penalty for a violation of a By-law shall be paid to the Treasurer of the of the Municipality and form part of its general fund.
8. Upon conviction for a violation of a By-law requiring a person to
obtain a license or a permit, the justice, magistrate or judge may in
addition
to
any penalty, order the Defendant to pay the fee for such license or
permit and in default of payment thereof to imprisonment for a term not
exceeding
twenty (20) days. Upon payment of such fee the Defendant
shall receive his license of otherwise entitled thereto.
A BY-LAW TO
PROVIDE FOR A PROMPT
AND COORDINATED
RESPONSE TO A STATE OF LOCAL EMERGENCY
A MUNICIPAL EMERGENCY MEASURES BY-LAW
The Council of the Municipality of the district of Barrington under
the authority vested in it by the Municipal Act, R.S.N.S. 1989, and the
Emergency
Measures Act. R.S.N.S. 1990, c.8, s.10, enacts as follows:
SHORT TITLE
1. This by-law may be cited as the “Emergency Measures By-law”.
INTERPRETATION
2. (1) “Act” means the Emergency Measures Act, R.S.N.S. 1990, c.8
(2) “Agreement” means the agreement between the town of
Clark’s
Harbour and the Municipality of the District of Barrington pursuant
to
Section 10 (2) (c) of the Acts, as amended from time to time.
(3) “Council” means the Council of the Municipality of the District of Barrington.
(4) “Director” means the Director of the Emergency Measures Organization.
(5) “Emergency” means a present or imminent event in respect
of
which the Municipality believes prompt coordination of action or
regulation
of persons or property must be undertaken to protect property or the
health,
safety or welfare of people.
(6) “Minister” means the member of the Executive Council to whom is assigned the administration of the Act and Regulations.
(7) “Municipal Emergency Measures Plans” means plans, programs
or procedures prepared by the Town and the Municipality that are
intended
to mitigate the effects of an emergency or disaster and to provide for
safety, health or welfare of the civil population and the protection
of
the property in the event of such an occurrence.
(8) “Executive Committee” means the Municipal Emergency Measures Executive Committee established pursuant to the by-law.
(9) “Coordinator” means the person appointed as the Municipal Emergency Measures Coordinator by Council pursuant to this by-law.
(10) “Organization” means the Municipal Emergency Measures Organization established pursuant to this by-law.
(11) “Planning Committee” means the Municipal Emergency Measures Planning Committee established pursuant to this by-law.
(12) “Municipality” means the Municipality of the District of Barrington.
(13) “State of Emergency Regulations” means regulations
approved
by the governor in council by Order in Council 92-61, Regulation 17/92,
as amended from time to time.
(14) “State of Emergency” means a state of local emergency
declared
by the Municipality pursuant to the Act or renewed by the Municipality
pursuant to the Act and Regulations made pursuant thereto and this
by-law.
(15) “Town” means the Town of Clark’s Harbour.
MUNICIPAL EMERGENCY MEASURES ORGANIZATION
3. (1) The Council hereby establishes a Municipal Emergency Measures Organization in accordance with the agreement.
(2) the Organization shall consist of the following persons and committees:
(a) an Executive Committee;
(b) a Coordinator; and
(c) a Planning Committee.
MUNICIPAL EMERGENCY MEASURES EXECUTIVE COMMITTEE
<>4. (1) Council shall appoint representatives to the Executive Committee in accordance with the agreement from its members(3) The Executive committee shall:
(a) advise Council on the development of municipal emergency measures plans;
(b) present municipal emergency measures plans to council;
(c) brief Council on developments during a local state of emergency and
(d) perform such other duties as may be required by the
Council.
MUNICIPAL EMERGENCY MEASURES COORDINATOR
5. (1) The Coordinator shall be appointed by the Councils for such term as the agreement provides.
(2) The Coordinator may be paid reasonable expenses for work incurred under this by-law.
(3) The Coordinator shall:
(a) chair the Planning Committee;
(b) coordinate and prepare municipal emergency measures plans;
(c) following a declaration of state of local emergency,
prescribe,
as necessary, duties to be fulfilled by employees,
servants and agents
of the Municipality; and
(d) perform such other duties as may be required by the
Council.
MUNICIPAL EMERGENCY MEASURES PLANNING COMMITTEE
6. (1) Council shall appoint representatives to the Planning Committee as the agreement provides.
(2) The Planning committee may include, but not necessarily limited to, person responsible during an emergency for:
(a) social assistance;
(b) R.C.M.P. policing;
(c) firefighting;
(d) engineering services;
(e) health services;
(f) community services;
(g) transportation;
(h) communications;
(i) public information;
(j) utilities;
(k) financial services; and
(l) legal services;
(m) marine services;
(n) ground search & rescue;
(o) air search & rescue.
(3) The Planning Committee shall:
(a) assist the Coordinator in the preparation and coordination of municipal emergency measures plans;
(b) advise the Executive Committee on the development of municipal emergency measures plans;
(c) upon request, assist the Executive Committee in the presentation of municipal emergency measures plans to Council; and
(d) perform such other duties as may be required by the Executive Committee of the Council.
AGREEMENTS
7. (1) Subject to preliminary approval of council, the Executive
Committee
may, as part of municipal emergency measures plans,
negotiate an agreement
to be approved by the Council or person designated by the Council with
the government of Canada, the
Province of Nova Scotia, a municipality,
city or town or any other agency or any person.
(2) Any agreement negotiated under subsection (1) is not
binding
until it is approved by Council.
DUTY OF COUNCIL
8. (1) The Council shall review and evaluate municipal emergency plans presented to it by the Executive committee.
(2) The Council may specify additional duties to be fulfilled by the Executive Committee, the Coordinator and the Planning committee.
(3) The Council may appropriate and expend monies:
(a) to pay reasonable expenses of members of the Executive committee, the Coordinator and the Planning Committee; and
(b) to fulfil the terms and conditions of an agreement
approved
by the Council, pursuant to Section 7.
DECLARATION OF STATE OF LOCAL EMERGENCY
9. (1) The Council shall declare a state of local emergency by completing Form 4 attached to the State of emergency Regulations.
(2) The Warden, acting under Section 12 (3) of the Act, shall complete Form 5 attached to the State of emergency Regulations.
(3) With the approval of the Minister, the Council may renew a
state of local emergency by completing Form 6 attached to the State of
Emergency Regulations.
(4) The Council may terminate a state of local emergency by
completing
Form 7 attached to the State of Emergency Regulations.
17-5
(5) A copy of a declaration signed under this Section shall
immediately
be delivered or faxed to the Minister and the Director.
NOTICE PROVISION
10. Following the signature of a declaration under Section 9, the
Council
shall immediately cause the details of the declaration or termination
to
be
communicated or published by such means as the Council considers the
most likely to make the contents of the declaration or termination
known
to the
people of the area affected.
DUTIES DURING A STATE OF LOCAL EMERGENCY
11. Following the issuance of a declaration under Section and for the duration of the state of local emergency:
(1) every Councillor shall keep the Council posted respecting their whereabouts; and
(2) every employee, servant and agent of the Municipality who
has a key role to play in such emergencies as identified in the
municipal
emergency measures plans shall:
(a) advise the Coordinator of their whereabouts; and
(b) fulfill such duties as may be prescribed by the
Coordinator.
MINUTES OF MEETING
12. Minutes of all meetings of the Executive committee and Planning
Committee shall be taken and a copy shall be forwarded to the Town and
the
Municipality within ten (10) days of each meeting.
REPEAL
13. This Emergency Measures By-law of the Municipality of the
District
of Barrington replaces and supersedes all previous Emergency
Measures By-laws
of the Municipality.
Council Approval October 29, 2997
<>From and after the day on which the following By-laws and Regulations hall be approved by the Minister of Municipal Affairs, all by-Law,
THIS IS TO CERTIFY that the By-laws, of which the enclosed are a true copy, were duly passed at a duly called special Meeting of the Municipal Council of the Municipality of Barrington, held at Barrington, Nova Scotia, on Thursday, the 28th day of June, A.D., 1973.
DATED at Barrington, Nova Scotia, this 28th day of June A.D., 1973.
C.H. Smith
Warden
J.R. Fry
Municipal Clerk
MUNICIPALITY OF THE DISTRICT OF BARRINGTON
GENERAL BY-LAWS
PASSED BY COUNCIL JUNE 28, 1973
Recommended for approval subject to the following changes.
F. Robertson
DEPARTMENT SOLICITOR
The within By-law are approved this 17th day of October, A.D., 1973 with the following changes:
1. In Section 3 of By-law No. 3 the reference to Section 96 of the
Municipal
Act shall be changed to Section 90.
2. In Section 8(18) of By-law No. 3 the word “bote” in line four is
changed to “vote”.
3. In Section 9(9) of By-law No. 3 the word “by” is inserted in line
one after the word “given”.
4. Section 17 of By-law No. 8 is not approved.
BY-LAW NO. 19
MOBILE HOME PARK BY-LAW
PART 1
Title
This By-law shall be know and may be cited as “Mobile Home Park By-law No. 19" of the Municipality of the District of Barrington.
PART 2
Definitions
In this By-law the work “shall” is mandatory and not permissive.
Words
used in the present tense shall include the future.
Words used in
the singular number shall include the plural and words used in the
plural
number shall include the singular, unless
otherwise indicated. All
other words shall carry their customary meaning except those defined
hereinafter.
2.1 Accessory Building means any building or structure which is
constructed
or otherwise place on a mobile home space and is used
exclusively as a
use which is accessory to the use of the mobile home as a dwelling.
2.2 Addition means any deck, enclosed space, stairway or wheelchair
ramp and any similar structure which is attached to the mobile
home or
otherwise added onto the mobile home space and shall exclude the
foundation
and skirting of the mobile home.
2.3 Applicant means the mobile home park owner or designated agent as the case may be.
2.4 Building Inspector means the Building Inspector of the Municipality of the District of Barrington.
2.5 Council means the Council of the Municipality of the District of Barrington.
2.6 Development Officer means the Development Officer of the Municipality of the District of Barrington.
2.7 “K” Road means a public road owned but not maintained by the province and identified in Appendix “A” of the subdivision By-law.
<>2.8 Land Surveyor means a land surveyor who is a registered member, in good standing of the Association of Nova Scotia Land Surveyors.2.10 Mobile Home or Mini Home means a vehicular portable single
detached
dwelling built in compliance to the Canadian Standards
Association (CSA)
Z240 set of standards and for the purpose of the By-law shall include
any
mobile home which was not built to the
aforementioned standards but shall
not include a travel trailer, recreational vehicle, school bus, trailer
otherwise designed or a multi-sectional modular home.
2.11 Mobile Home Owner means the owner of a mobile home located within a mobile home park.
2.12 Mobile Home Park means a lot or area of land which contains
four
(4) or more mobile home spaces and includes any service
building and services
used as part of the equipment of the mobile home park. For the
purpose
of this by-law mobile home park shall be
referred to as park.
2.13 Mobile Home Park Development means the construction of a new mobile home park and any expansion of an existing mobile home park.
2.14 Mobile Home Park Owner means the owner of a mobile home park.
2.15 Mobile Home Park Sanitary Sewer means a sewer and any
appurtenances
thereof which are privately owned and maintained by the park
owner and
which may be connected to the municipal sewer.
2.16 Mobile Home Space means a parcel of land which is developed to accommodate one (1) mobile home within a mobile home park.
2.17 Municipal Sewer mean any sewer controlled by the Municipality.
2.18 Park Street means a street situated within a park which is not
a public or private road herein defined and which street has access
directly
on to a public road or private road or “K” road.
2.19 Private Road means any road which is not public shown on a plan of subdivision which:
<> a) extends to and has access to a public road and where not totally located within the area of land being subdivided, the private road shall have2.20 Public Road includes any road owned and maintained by the Municipality or the Province; and a
a) municipal public road means any road owned and maintained by the Municipality;
b) provincial public road means any road owned and maintained
by the Department of Transportation and Public Works excluding
designated
controlled access highways pursuant to Section 20 of the Public
Highways
Act.
2.21 Public Works Department means the Public Works Department of the Municipality of the District of Barrington.
2.22 Sanitary Sewer means a sewer receiving and carrying liquid and
water carried wastes and to which storm, surface or groundwaters are
not
intentionally admitted.
2.23 Service Building means any building or structure which is
constructed
or otherwise place within the mobile home park designed to be in
association
with the operation of the mobile home park and for the purpose of this
By-law shall include a business office associated with a mobile home
display.
2.24 Sewer means a pipe conduit for carrying sewage, groundwater,
stormwater
or surface runoff, and includes all sewer drains storm sewers,
clearwater
sewers, storm drains and combined sewers vested in, or under the
control
of the Municipality but does not include a mobile home park sewer.
2.25 Supervisor of Public Works means the Supervisor of the Public
Works
of the Municipality of the District of Barrington.
PART 3
Application
<>3.1 This By-law shall apply to the development and maintenance of all new parks and all expansions to existing parks in any area of thePART 4
General Requirements
4.1 Nothing in this By-law shall exempt any person from obtaining
any
license, permission, permit, authority or approval required by any
other
By-law or Regulation of the Municipality or any Statute and Regulation
of the Province of Nova Scotia.
4.2 Where the provisions of this By-law conflict with those of any
other
Municipal or Provincial Regulation, By-law or code, the higher or more
stringent requirements shall prevail.
4.3 All mobile home spaces, service building and recreational spaces
shall only have direct access and egress to a park street and no road
in
any
development outside a park shall connect to a park street except where
provided in Section 11.4(a)(ii).
PART 5
Preliminary Plan Requirements
5.1 Any person proposing a new park or the expansion of an existing
park may submit to the Development Officer eight (8) copies of a
preliminary
plan or sketch showing the following information:
a) the approximate dimensions and area of the mobile home park and of each proposed mobile home space;
b) the approximate location, dimensions and names of all
existing
and proposed park streets and private roads within the park and of all
abutting public, private and “K” roads;
c) the layout of the proposed water distribution and sanitary sewer systems;
d) the approximate location and dimensions of all existing
rights-of-way,
easements, utility lines and all accesses to existing park streets
and
public streets and highways;
other prominent
natural feature which might affect the number of mobile home spaces,
the
provision or layout of sanitary sewer systems,
water distribution systems
and park street.
PART 6
Procedure for Preliminary Plan Evaluation
6.1 The Development Officer shall, if applicable, forward a copy of all plans received pursuant to Part 5 to:
a) the Public Works Department;
b) the Nova Scotia Department of Environment;
c) the Nova Scotia Department of Health and Fitness;
d) the Nova Scotia Power Inc.;
e) the Nova Scotia Department of Transportation and Communication;
f) any other department or agency deemed necessary by the
Department
Officer in order to evaluate the design, environmental,
planning and public
safety aspects of the proposed mobile home park.
6.2 The Development Officer shall advise the applicant in writing of
all departments and agencies which have not responded
within thirty (30)
days of the date on which the preliminary plan was forwarded.
6.3 The Development Officer shall within fifteen (15) days of
receiving
written comments of all applicable agencies pursuant to
Section 6.1, provide
an evaluation and forward a copy of the evaluation an all comments
received
to the applicant.
PART 7
Final Plan Requirements
<>7.1 Any person proposing to acquire a permit to construct, alter, expand, repair, maintain or operate a mobile home park shall7.2 The application required by Subsection 71. Shall be accompanied
by eight (8) copies of a final plan showing the boundaries
of the proposed
mobile home park and being certified by a Provincial Land Surveyor and
containing the following information:
a) the name and address of the applicant, and if the applicant is not the owner of the mobile home park, the name of the owner;
b) a location certificate of the mobile home park boundary
showing
the dimensions and total area of land to be developed as a mobile
home
park, which shall be certified and stamped by a Nova Scotia Land
Surveyor
in accordance with the Nova Scotia Land Surveyors
Act and the Regulations
made thereunder;
c) the location, boundaries, dimensions and total area of each
proposed mobile home space, park street and recreation area drawn to a
cale sufficient for clarity of all particulars of the mobile home park;
d) each mobile home space identified by a number;
e) the location and dimension and names of all existing and
proposed
park streets and private roads within the park and of all abutting
public,
private and “K” roads;
f) the location and dimensions of all existing rights-of-way,
easements, utility lines and accesses to all existing park streets and
public streets,
highways or private roads;
g) the approximate location of all existing and proposed structures on the land to be developed as a mobile home park;
h) the location of any watercourse, swamp, prominent rock
formation,
wooded area, area subject to flooding and any other prominent natural
feature
which might affect the number of mobile home spaces or the provision of
layout of sanitary sewer systems, water distribution systems,
park streets
and public streets or highways;
i) the date on which the plan was drawn;
j) the scale to which the plan is drawn;
k) the North Point;
l) any other information deemed necessary by the Development
Office
to determine whether the plan conforms to the By-law.
7.3 In addition to the requirements of Section 7.1, the applicant
shall
provide four (4) copies drainage plan and engineering drawings of the
proposed
water distribution and sanitary sewer systems.
7.4 Engineering designs and drawings shall be prepared, certified
and
stamped by a Professional Engineer.
PART 8
Procedure for Issuing a Mobile Home Park Permit
8.1 When the Development Officer is satisfied that the mobile home
park
development plan is complete and accompanied by all information
required
by Part 7, the Development Officer shall forward a copy of the plan and
documentation to the Public Works Department for approval
of the sanitary
sewer system.
8.2 The applicant shall obtain from the Nova Scotia Department of
the
Environment a certificate approving the design of the water
distribution
system
and a certificate approving the design of the sanitary sewer and
shall forward a copy of each certificate to the Development Officer.
8.3 The applicant shall obtain approval from the Nova Scotia
Department
of Health where a mobile home park is to be served by an on-site sewage
disposal system and shall forward a copy of the approval to the
Development
Officer.
8.4 The applicant shall obtain written acceptance of the electrical
distribution system, street lighting pattern and method of installation
from the Nova
Scotia Power Inc. and shall forward a copy of the acceptance
to the Development Officer.
8.5 Within fifteen (15) days of receiving approvals from all
agencies
and departments to which the application has been referred, the
Development
Officer shall:
a) issue a Mobile Home park Permit; or
b) notify the applicant in writing of any objectionable features.
<>8.6 A permit to develop a mobile home park issued under this Part shall expire one (1) year after its date of issue if the development for which thePART 9
Responsibilities of the Mobile Home Park Owner
9.1 The mobile home park owner shall comply with the applicable permit requirements of Part 12.
9.2 The mobile home park owner shall maintain the mobile home park,
including all related facilities and services, in good repair and in a
clean and
sanitary condition.
9.3 The mobile home park owner shall arrange to have all garbage and refuse removed from the mobile home park at least once each week.
9.4 The mobile home park owner shall cap all sewer and water connections when not in use.
9.5 The mobile home park owner shall:
a) provide a continuous supply of potable water to all mobile homes in the mobile home park; and
b) notify all mobile home owners at least twenty-four (24) hours in advance if an interruption in water service is anticipated.
9.6 The mobile home park owner shall maintain all park streets in
good
condition and shall plow all park streets within twenty-four (24) hours
of the
cessation of a snowfall.
9.7 The mobile home park owner shall erect and maintain street signs
in the mobile home park according to Section 11.4
PART 10
Responsibilities of the Mobile Home Owner
10.1 The mobile home owner shall comply with the applicable permit requirements of Part 12.
<>10.2 When the Municipality has established a street numbering system within a mobile home park, the mobile home owner shall clearly display thePART 11
Mobile Home Park: Standards and Requirements
11.1 Water Distribution and Sanitary Sewer Systems
a) In any proposed park development that connects to the
municipal
sewer, the Supervisor of Public Works shall inspect the connection of
the
park sanitary sewer before backfilling commences.
b) Following construction of the park’s water distribution and
sanitary sewer systems, the applicant shall provide the Development
Officer
with a
declaration by a Professional Engineer certifying that these systems
comply with the provisions of the certificates issued by the Department
of the Environment.
c) Where a park sanitary sewer is connected to the municipal
sewer,
no other sanitary sewer or lateral connection from any development
outside
the
park shall connect to the park sanitary sewer.
11.2 Design of Park Streets
All park streets shall be designed in accordance with the following:
a) park streets shall be laid out where reasonably possible in prolongations of other existing park streets;
b) park streets shall have a minimum width of forty (40) feet
and where the park street terminates in a cul-de-sac, the radius of the
cul-de-sac shall
be at least forty-eight (48) feet;
c) the traveled surface shall be centered within the park
street
and shall have a minimum width of twenty-four (24) feet and where the
park
street
terminates in a cul-de-sac, the turning circle of the travelled
surface shall have a radius of at least forty (40) feet;
d) the grade of a park street shall no exceed eight (8) percent except as otherwise approved by the engineer;
e) lands lying between the travel surface and the boundary of the park street shall be contoured to provide for proper drainage;
f) culverts of adequate size shall be installed under driveways to all mobile home, service building and display spaces;
g) lands lying between the travel surface and the park street
boundary shall be kept free from fences, walls, trellises, hedges,
shrubs
or other
obstructions;
h) any intersecting park streets shall intersect at an angle
of
seventy-five (75) degrees to ninety (90) degrees for a minimum distance
of one
hundred (100) feet from the intersection measured from the respective
centre lines; and
i) no more than four (4) park streets shall converge at any one point.
11.3 Construction of Park Streets
Park streets shall be constructed in accordance with the following:
a) Subgrade (or earth grade) shall be well drained, uniformly
graded with reference to the condition of the grade and compacted to
ninety-five
(95) percent proctor density. A course of granular material
shall
be laid on the subgrade. The thickness of this granular course
shall
be based
on subgrade conditions.
b) Streets which have neither flexible nor rigid pavement
shall
consist of gravel, crushed stone or other materials of equal function
and
durability.
Surfacing material which tends to produce dust or loose
particles shall be suitably treated to eliminate these characteristics.
11.4 Private Roads
This section shall only apply where a park owner proposed the construction of a private road over park property.
a) Purpose
i) The private road shall only be for the purpose of
providing
access to a public road for residential developments only on properties
which are
landlocked and immediately adjacent to or near the park property
and which cannot otherwise provide for a private road over other land
to
a
public road.
ii) the private road may serve as a park access to a public road only where a park street connects to the private road.
<> b) Requirementsiii) The private road shall be located outside the main area containing mobile home spaces.
iv) No mobile home space shall have direct access unto the private road.
11.5 Park Street as Right-of-Way
Nothing in the By-law shall prevent the use of a park street
as
a right-of-way for lots which are to be created from any area of land
in
accordance with Sections 5.01 (a) and 5.02 of the Subdivision By-law
where
the area of land is landlocked and immediately adjacent to or near a
park
and the lots cannot otherwise be served by a right-of-way over other
lands
to a public road provided that the lots shall only be used for
residential
purposes.
11.6 Street Signs
Park streets shall:
a) be named by way of street signs to be placed at the main
entrance
and at each intersection and any changes to street names shall be
approved
by the Development Officer;
b) have regulation “Stop” signs located at the intersection with all other park streets and public and private roads.
11.7 Mobile Home Spaces
Each mobile home space shall:
a) have a minimum area of six thousand (6,000) square feet and be clearly defined by permanent markers; and
b) have a minimum frontage of fifty (50) feet; and
<> c) be provided with at least one (1) off-street parking space having a minimum area of one hundred sixty (160) square feet ande) be equipped with building sewer and water service pipe connections in accordance with the latest edition of the Canadian Plumbing Code.
11.8 Recreation Space
Recreation space shall be developed at the ratio of at least
two
hundred (200) square feet per mobile home space. This recreation
space shall
be placed in locations convenient to all park residents, free
from traffic hazard, shall not be included in areas designated as
buffer
strips, and shall
be clearly defined. Where these requirements exceed
ten thousand (10,000) square feet, more than one recreation area shall
be provided.
PART 12
Permits Required
12.1 A Development Permit for a mobile home park shall be obtained
by
the mobile home park owner in accordance with the
provisions of the Land
Use By-law.
12.2 A Development Permit and a Building Permit shall be obtained by the mobile home park owner for:
a) the location or relocation of a mobile home on a mobile home space; and
b) the location or construction of a service building within a mobile home park.
12.3 A Development Permit and a Building Permit shall be obtained by the mobile home owner for:
a) the locations, construction, repair, placement or replacement of additions and accessory buildings on a mobile home space; and
<> b) a home occupation, professional or business use within a mobile home or in an accessory building thereof where the owner has receivedPART 13
Mobile Home, Accessory and Service Building Requirements
13.1 A mobile home being located shall have a minimum separation distance of at least:
a) fifteen (15) feet from any park street and twenty-five (25) feet from the bounary of any public street or highway; and
b) fifteen (15) feet from the boundary of the mobile home park; and
c) eight (8) feet from any adjacent mobile home space.
13.2 Accessory buildings shall be constructed in accordance with the provisions of the National Building Code and shall not be:
a) greater than fifteen (15) feet in height; and
b) located closer to any park street or public street or highway than the minimum distance required for the mobile home; or
c) located within:
i) two (2) feet of any side or rear boundary of a mobile home space;
ii) four (4) feet of the boundary of the mobile home park.
13.3 Home occupations, professional or business uses in mobile homes or accessory buildings thereof shall:
a) be wholly contained within the mobile home or accessory
building
thereof and the mobile home is the principle residence of the
operator
of the home occupation, professional or business use; and
b) not occupy more than twenty-five (25) percent of the floor
area of the mobile home or two hundred fifty (250) square feet of the
accessory
building or a combined floor area of the mobile home and accessory
building
of not more than two hundred and fifty (250) square feet; and
d) provide one (1) parking space, other than that required for the mobile home, in accordance with the provisions of Section 11.6(c).
13.4 Service buildings shall not be located within:
a) fifteen (15) feet of any adjacent mobile home space;
b) fifteen (15) feet of the boundary line of a park street;
c) twenty-five (25) feet of the boundary line of a public or
private
or “K” road.
PART 14
Mobile Home Display Requirements
14.1 Mobile home display units shall be permitted at a ratio of one
(1) unit for every five (5) mobile home rental spaces to a
maximum of three
(3) display units per mobile home park provided:
a) the mobile home space to be occupied by a display unit forms part of the mobile home space rental area; and
b) the display unit is located on a mobile home space in
accordance
with the minimum separation distance requirements
of Section 13.1.
PART 15
Aggrieved Person
15.1 Any person aggrieved by a decision of the Development Officer
or
Building Inspector made under this By-law may
appeal that decision to the
Council, by written notice given to the Clerk within fourteen (14) days
from the date of the written
decision of the Development Officer or the
Building Inspector.
PART 16
Penalties
<>16.1 Any person who violates any provision or requirement of this By-law is guilty of an offence and liable upon summary conviction
1. All words in this By-law have the same meaning as in the Building Code Act and the Regulations prescribed pursuant thereto.
2. A Building Permit shall be in the form set out in Schedule “A” hereto annexed.
3. An Occupancy Permit shall be in the form set out in Schedule “B” hereto annexed.
4. A Demolition Permit shall be in the form set out in Schedule “A” hereto annexed.
5. To obtain a permit, the owner shall file an application in writing on the form specified in Schedules “A” or “B” hereto annexed as the case may be.
6. Every application for a permit shall:
6. (a) Identify and describe in detail the work and occupancy to be covered by the permit for which application is made.
6. (b) Describe the land on which the work is to be done by a description that will readily identify and locate the building lot.
6. (c) Include plans and specifications as required by the Building Code and show the occupancy of all parts of the building.
6. (d) State the valuation and square footage of the proposed work and be accompanied by the required fee, and
6. (e) State the names, addresses and telephone numbers of the owner, architect, engineer or other designer or constructor.
7. (a) When an application for a permit has not been completed in
conformance
with the requirements of this By-law within six
months after it is
filed, the application shall be deemed to have been abandoned.
7. (b) A permit is valid for 1 year from the date of issue and is renewable.
<>8. Any revision to the work to be covered by a permit shall require an application for an amended permit.9. (a) shall state the date after which the condition under which
the
permit is no longer valid,
9. (b) may be extended in writing.
10. (1) Where in order to expedite work, approval of a portion of
the
building is desired prior to the issuance of a
permit for the whole project,
application shall be made for the complete project and complete plans
and
specifications
covering the portion of the work for which immediate approval
is desired shall be filed.
10. (2) Should a permit be issued for part of a building, the holder
of the permit
may
proceed, but without any assurance that the permit for the entire
building
will
be
granted.
10. (3) Any permit issued for part only of a building shall be
clearly
marked as for
part
only, and shall also indicate that a permit for the entire building is
not assured.
11. (1) A permit may be issued at the risk of the owner, with
conditions
to
ensure
compliance with the Building Code and any other applicable
Regulations,
to
excavate or to construct a portion of a building before all the plans
of
the
project
have been submitted or accepted.
11. (2) The permit shall be clearly marked “At Owner’s Risk”.
12. (1) A permit for a whole project may be issued conditional upon
the
submission,
prior to commencing work thereon, of additional information not
available
at
the
time of issue if such information is of secondary importance and is of
such
a
nature that withholding the permit until the information was available
would
delay the work unreasonably.
12. (2) The condition shall be set out on the face of the permit.
13. An Occupancy Permit may be issued, subject to compliance with
provisions
to safeguard persons in or about the premises,
to allow the occupancy of
a building or part thereof for the accepted use prior to commencement
or
completion of the construction or demolition work.
14. (a) The authority having jurisdiction may withhold a Building
Permit
until
satisfied
that any requirements of the Planning Act and a Land Use By-law
or
Development Agreement thereunder, which affect the construction
of
the
building, have been complied with, and that any required Development
Permit
has been issued by the Development Officer.
14. (b) Before issuing a Demolition Permit, the authority having
jurisdiction shall
be
satisfied that the building is not subject to the provision of a By-law
passed,
pursuant to the Heritage Property Act.
15. Fee for permits shall be:
New construction and additions:
- $5.00 plus $0.02 per square foot for sheds, garages and farm
buildings.
- $5.00 plus $0.06 per square foot for residential uses,
community
centres, and churches.
- $5.00 plus $0.10 per square foot for non-residential uses.
Repairs and alterations:
- $5.00 plus $1.00 per $1,000.00 estimated valuation.
Demolition Permit - $20.00
Occupancy Permit - N/C
16. Fees shall be refundable in situations and proportions as follows:
16. (a) Application never completed, permit denied, permit revoked, or abandoned before work commenced 75%.
17. (1) The authority having jurisdiction shall be notified and
given
an opportunity
to
inspect:
17. (1) (a) the foundation before backfilling, and before a superstructure is placed on a foundation,
17. (1) (b) the framing, roof, plumbing, and insulation complete before interior wall coverings are installed,
17. (1) (c) before occupancy.
<>17. (2) Such notice shall be by telephone or personal service of notice and shall be givenMUNICIPAL SEWERS
BEING A BY-LAW regulating the use of municipal and private sewers,
private
sewage disposal, the installation and connection
of building sewers and
the discharge of waters and wastes into the Municipal Sewer System
providing
penalties for violations thereof.
PART 1 - DEFINITIONS
1. Unless the context specifically states otherwise, the meaning of terms used in this By-law shall be as follows:
1 (a) “Building Sewer” shall mean a sewer which is located on
private
property and which connects the building drainage system
or the building
sanitary conveniences to the sanitary sewer, storm sewer or combined
sewer
or other place of disposal.
1. (b) “Combined Sewer” shall mean a sewer intended to function simultaneously as a storm sewer and a sanitary sewer.
1. (c) “Garbage” shall mean solid wastes from the domestic and
commercial
preparation, cooking and dispensing of food, and from
the handling, storage
and sale of produce.
1. (d) “Inspector” shall mean any Sanitary Inspector, Public Health
Inspector or any person who is authorized by the Municipality of
the District
of Barrington to carry out inspections or investigations on behalf of
the
Municipality of the District of Barrington as may be
required under this
By-law.
1. (e) “Municipal Council” shall mean the Council of the Municipality of the District of Barrington.
1. (f) “Municipality” shall mean the duly elected officials of the Municipality of the District of Barrington acting in Council.
1. (g) “Natural Outlet” shall mean any outlet into a ravine, gulch,
watercourse or the bed thereof, whether the same usually contains
water
or not, or any stream, river, creek, ditch, lake or other body of
surface
or groundwater.
1. (h) “On-Site Sewage Disposal System” shall mean:
(i) septic tank and a disposal field,
(ii) a holding tank,
(iii) a privy; or
(iv) a system, other than described above that meets
requirements
of the Department of Environment and Labour.
1. (i) “Municipal Sewer” shall mean a sewer controlled by the Municipality.
1. (j) “Polluted” shall mean altered physical, chemical, biological
or aesthetic properties of the natural waters of the area, including
change
of the temperature, taste, or odour of the waters, or the addition of
any
liquid, solid, radioactive, gaseous, or other substance
to the waters or
the removal of such substances from the waters, which will render or is
likely to render the waters harmful to the public
health, safety or welfare,
or harmful or less useful for domestic, municipal, industrial,
agricultural,
recreational or other lawful uses, or for
animals, birds, or aquatic life.
1. (k) “Sanitary Sewage” shall mean water-carried wastes from the
sanitary
conveniences of residences, commercial buildings or premises,
institutions,
and industrial establishments, but excluding storm sewage, as
hereinafter
defined.
1. (l) “Sanitary Sewer” shall mean a sewer which carries sanitary
sewage,
as defined hereinafter, and to which storm, surface, and ground
water are
not intentionally admitted.
1. (m) “Sewer” and “Sewage Works” shall mean all sewers, sewer
systems,
sewage pumping stations, sewage treatment plants, and other works
for the
collection, acceptance, transmission, treatment, and disposal of sewage
or for any one or more of them.
1. (n) “Slug” shall mean any discharge of sewage which in
concentration
of any given constituent or in quantity of flow exceeds more than five
times the average 24 hour concentration or flow for a period in excess
of fifteen minutes.
1. (o) “Storm Sewage” shall mean ground, surface, and storm waters
which
are unpolluted other than by their contact with the natural
environment,
and industrial cooling water, and unpolluted process water.
PART 2 - PETITION AND COMMITTEE
1. (a) Whenever the majority of the owners of property in any
designated
area of the Municipality shall petition the Municipal Council for the
construction
of a municipal sewer, then the Municipal Council may, unless for
sufficient
reason to the contrary, order the same to be constructed.
1. (b) Every petition for a municipal sewer shall be in the form in
Appendix “A” of this By-law, or to the like effect, and every petition
shall
clearly state the locality in which the new sewer is required, and
the points between which the petitioners are desirous of having the
same
constructed.
2. When the Municipal Council deems it necessary that a municipal
sewer
be constructed in any area or any portion of the Municipality, the
Council
may order by resolution and without the authorization of any petition
of
the owners such sewer to be constructed and all the provisions
of the By-laws
relating to and regulating the use of municipal sewers in force in the
Municipality be and are hereby made applicable to any sewer
constructed
by virtue of such resolution.
3. The Municipal Council may by resolution order the repair or
improvement
of drains or sewers existing in any road, area, or portion of the
Municipality,
whenever the same shall be considered necessary or desirable, and to
lay
out, excavate and complete a sewer in any area of the
Municipality and
perform any other work necessary to be done in connection therewith.